Request for a preliminary ruling from the Corte d’appello di Firenze (Italy) lodged on 26 March 2024 – A.M. v Istituto nazionale della previdenza sociale (INPS)

(Case C-226/24, Barbavi) ¹

Language of the case: Italian

Referring court

Corte d’appello di Firenze

Parties to the main proceedings

Appellant: A.M.

Respondent: Istituto nazionale della previdenza sociale (INPS)

Questions referred

Must Clause 4(1) of the framework agreement be interpreted as precluding a provision of national collective agreement, such as that contained in Article 40 of the CCNL [national collective labour agreement] for agricultural workers and floriculturists of 6 July 2006, as interpreted by the Court of Cassation in a manner that is binding on the referring court, which recognises, with regard to fixed-term agricultural workers, the right to be paid for the hours actually worked during the day, in contrast to Article 30 of the CCNL, which precedes it, which, in respect of permanent agricultural workers, recognises the right to pay on the basis of a working day of 6.30 hours?

If the answer to the previous question is in the affirmative, must Clause 4(1) of the framework agreement be interpreted as meaning that the determination of the amount of the compulsory social security contribution payable in respect of fixed-term agricultural workers under an occupational social security scheme also falls within the definition of employment conditions, with the result that it must be determined on the basis of the same criterion as that laid down for permanent agricultural workers and therefore on the basis of the daily working time established in the collective agreement, and not on the basis of the hours actually worked?

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¹ The name of the present case is a fictitious name. It does not correspond to the real name of any party to the proceedings.